Reconstruction of Criminal Actions of Negligence in Criminal Law Based on Justice Values
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 06
Abstract
The 1945 Constitution of the Republic of Indonesia article 1 paragraph (3) states “The State of Indonesia is a State of Law”. Indonesia is a country based on law, so it is only fitting that the law be made supremacist, where everyone must submit and obey without exception. In Indonesian criminal law, negligence is interpreted as “careless, careless, careless or careless”, without any separation between the meaning of “careless” and the meaning of “recklessness”, so that even though criminal acts of negligence result in many fatalities, the perpetrator can only charged with negligence. This research is normative juridical research (legal research) with a conceptual approach, a statutory approach and a comparative law approach. The results of this research are that the element of recklessness (recklessness) can be constructed into negligence and has a higher/more serious position as an element of error than conscious negligence (bewuste schuld) or unconscious negligence (onbewuste schuld), because in the legal dictionary Black’s Law Dictionary that in principle the level of error contained in the principle of recklessness is greater than in the principle of negligence. So that later the criminal sanctions for perpetrators of recklessness (recklessness) will be heavier because they took risks deliberately and these risks cannot be justified.
Authors and Affiliations
Mukhsinin, Eko Soponyono
Keywords
Related Articles
- EP ID EP738833
- DOI 10.47191/ijsshr/v7-i06-86
- Views 7
- Downloads 0
Investigating the Impact of Ad Formats and Ad Intrusiveness on Social Media Ad Effectiveness in the Fashion Market in Egypt
This paper aims to investigate advertising effectiveness in various social media platforms in the fashion industry in Egypt. The present study uses a proposed framework to explore online advertising in Egypt. From a theo...
Criminal Responsibility of Mental Disorders for Criminal Offenses in Indonesia
Indonesia places all people as equal in the eyes of the law, this is in accordance with Article 27 Paragraph (1) of the 1945 Republic of Indonesia Constitution which states that all citizens have the same position under...
Relevance of Registration of Geographical Indications with Increasing Competitiveness of Local Products in the City of Semarang
Whereas in principle all types of intellectual property rights are protected by law including geographical indications. Legal protection for Geographical Indications is created when the owner registers it with the Minist...
Piti Maranggangu Tradition in Sumba Customary Society in Indonesia From the Prespective of Marriage Law Number 1 of 1974
The purpose of this study is to determine and examine the tradition of Piti Maranggangu seen from the prespective of Law Number 1 of 1974 concerning marriage. The research uses normative research methods that examine cus...
Scientific Integration: Islamic Higher Education Practice Uin Alauddin Makassar, Indonesia
This study aims to establish a model for integrating scientific inquiry and religious practice at Islamic religious universities such as UIN Alauddin Makassar. This study is an example of a descriptive type of field rese...